Traditional Knowledge And Geographical Indications: For A Meaningful Socio-Economic Amelioration

Hurmat Koul, Jindal Global Law School

Introduction

The Geographical Indication (GI) as a form of IP right is the indicator of territorial designation, methods of production and distinct quality associated with the product it seeks to protect .This prevents third parties from, claiming ownership over the GI products and passing off sub-optimal quality products as the original. Articles 22 and 23 of TRIPS lay forth the recommendation for legislation of GI laws by all the member states to the WTO. However, one of the key requisites for GIs to be availed protection internationally is the protection secured to GIs under the domestic law of the country of origin. It is due to this that many countries of the WTO have now familiarised their laws to protect GIs.1 Traditional Knowledge (TK) is the innovations, practices and knowledge of indigenous and local populations around the globe, which resulted as a matter of experience gained over generations, over millennia. It may take the shape of stories, folklore, proverbial, rituals, forestry, folkways, cultural beliefs, environmental management, local language, and includes the development of flora species and fauna breeds. The appreciation of TK has touched zenith, in the contemporary times. This rare knowledge is as significant for the owners as is for the modern agricultural industry. Many valuable agricultural and wild forest products as well as handicrafts, make valid contributions to sustainable development and are predisposed with socio-economic benefits. The contribution of indigenous and local communities to the conservation of biodiversity rises in equivalence to their role of being natural resource managers.2 Their skills , knowledge and technical-nag provide valuable impetus to the global biodiversity policies and the international intellectual fraternity. The parties to the Convention on Biological Diversity, 1993 appreciate the vital role of TK in conserving bio diversity and are considering the help of legislations to conserve and promote TK, so that the marginalised indigenous communities get a fair premium in the value-chains and experience a socio-economic emancipation.